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Lydia

06-18 11:26 AM

perm2gc, Thank you for ur suggestion... I am planning to reply to my RFE stating the same(employer denying with his and company details) and additionally another coworker of the same company reference letter.

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rolrblade

07-27 02:21 PM

You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D

But you are correct for RD :)

I disagree. If his check has a date of less than 180 days, it will be cashed. He simply said the forms to be signed as of 1995.

:D :D :D

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gc_75

07-17 08:00 PM

How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.

For applying with Company B, you need to have fresh a PERM Labor approved from Company B.

Hope this helps.

I have a unique situation and I would really appreciate if someone can answer.

My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.

Please help...:confused:

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rajenk

07-15 01:53 PM

The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

Can this create an issue while IO is working on my 485 application?

The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

Hope that helps!

--Karthik

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yabadaba

04-17 02:58 PM

the perm user manual is pretty detailed.

What happens is whenever an application is created... a case number/application number is created with T as the prefix (T-123-4567)

as soon as the information is filled out, everything is updated, all boxes are checked and the lawyer submits the form/application... the case number/app number changes to (A-123-4567 or C-123-4567) for either Atlanta or Chicago (based on where u live).

Our Immigration status is EAD and my wife is pregnant, We are very happy with the news..

There is lot of possibility for us to be in India during due date, based on few important events in family. We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us? (if mother stays in India for couple of more months)

can baby also get Green Card when we (parents) are allotted green card?

All your advices are always appreciated.

Thanks & Regards, Satya.

Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.

Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.

In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.

I think we are talking of two different aspects.

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Jaime

02-02 05:35 PM

No way this amnesty would pass. This will end up in the ash heap of unpassed bills.

Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:

`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph

But who knows!

Anyway, it's positive that at least there is some "buzz" in the air

I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope

I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.

1. You are entitled to file adjustment of status application. 2. Affidavit of support is required for anyone who files green card application.

Good luck.

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Alien

02-09 11:22 PM

Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.

Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.

I am a July 2nd Filer, not only waiting but have had no LUDs on 485 after 2 FP's (one for last year's EAD and one for EAD renewal this year.)

I do not know if name check is cleared.

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techie.dude

03-16 04:02 PM

thanks guys.. thats informative riva2005.. The intention is not to screw with her application, but understanding the intricacies so that I can expedite my seperation. It is indeed a pain, with no kid, us both being independent, however with a townhome, with both our names on it. I am hoping and planning for an amicable settlement and one of the things that was debated as the gray area was this whole immigration - GC/485 derivative status that I had to reply - "please verify with an attorney" . The hold up is because of the want for an amicable settlement and agreement of terms, which I guess I will never have in entirerity.

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hitpauler

04-21 12:37 PM

Gurus,

I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.

Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.

coolngood4u80

10-20 12:12 PM

This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses

vali

10-23 01:13 PM

No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total. Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months. With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared. Do not lose hope. -------------------------------------

I'm sorry, few details. Yes, the lawyer said that he will file to Nebraska. One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140? About the fees: U.S. Government Fee: I-140- $475.00 U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.

the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?